Massachusetts v. Laird

400 U.S. 886 (1970)

Facts

The Commonwealth of Massachusetts (P) filed a complaint against Laird (D), Secretary of Defense. It is brought pursuant to a mandate contained in an act of the Massachusetts Legislature. 1970 Laws, c. 174. P seeks to obtain an adjudication of the constitutionality of the United States' participation in the Indochina war. It requests that the United States' participation be declared 'unconstitutional in that it was not initially authorized or subsequently ratified by Congressional declaration.' P asks that D be enjoined 'from carrying out, issuing or causing to be issued any further orders which would increase the present level of United States troops in Indochina. It asks that, if appropriate congressional action is not forthcoming within 90 days of this Court's decree, D be enjoined 'from carrying out, issuing, or causing to be issued any further orders directing any inhabitant of the Commonwealth of Massachusetts to Indochina for the purpose of participating in combat or supporting combat troops in the Vietnam war.'